Supreme Court · 2008 INSC 990 · Decided 29 August 2008
Rajiv Arora v. Union of India & ORS.
- Court
- Supreme Court of India
- Citation
- 2008 INSC 990 · [2008] 12 S.C.R. 1026
- Case number
- CIVIL APPEAL No. 5306/2008
- Decided
- 29 August 2008
- Bench
- S.B. SINHA, CYRIAC JOSEPH (2-judge bench)
- Outcome
- Case Partly allowed
- Case type
- Civil
- Acts & sections cited
- Evidence Act
Headnote
~ Air Force Rules; R.43:- Court Martial - Charges of misconduct - Non- c examination of witnesses - Effect of - Held: No reason has · been assigned as to why the named witnesses who only could prove the charge had not been examined in the Court Martial proceedings - Since there has been a justice, the High Court should have D exercised its power of judicial review - Before convening a Court Martial proceeding, legal requirement therefor must be satisfied - Satisfaction must be based on a finding that :-r· evidence justified a trial on these charges - An order passed
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